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2019-06-21 [p.5731]
Messages were received from the Senate as follows:
— ORDERED: That, in relation to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendment made by the House of Commons to its amendment 2; and
That the Senate agrees to the amendment made by the House of Commons in consequence of Senate amendment 1.
2019-06-21 [p.5731]
— ORDERED: That, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, a message be sent to the House of Commons to acquaint that House of the following:
The Senate agrees to the amendments made by the House of Commons to Senate amendments, including amendments made in consequence of Senate amendments;
The Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-21 [p.5732]
— ORDERED: That, in relation to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendments made by the House of Commons to its amendments;
The Senate agrees to the amendment made by the House of Commons in consequence of Senate amendments 3 and 4;
That the Senate does not insist on its amendment 10, to which the House of Commons disagreed.
2019-06-21 [p.5732]
— ORDERED: That, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendments made by the House of Commons to its amendments;
That the Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-21 [p.5732]
— ORDERED: That, in relation to Bill C-91, An Act respecting Indigenous languages, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendment made by the House of Commons to its amendment 11(b);
That the Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-21 [p.5732]
— ORDERED: That, in relation to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendment made by the House of Commons to its amendment 6;
That the Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-21 [p.5732]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures, without amendment.
2019-06-21 [p.5732]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, without amendment.
2019-06-21 [p.5733]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020.
2019-06-21 [p.5733]
A Message was received from Her Excellency the Governor General desiring the immediate attendance of the Commons in the Senate.
Accordingly, the Deputy Speaker, with the Commons proceeded to the Senate.
The Commons returned to the Chamber.
Whereupon, the Deputy Speaker reported that when the Commons had been in the Senate, Her Excellency the Governor General was pleased to give, in Her Majesty's name, the Royal Assent to the following Bills:
Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms — Chapter No. 9;
Bill C-81, An Act to ensure a barrier-free Canada — Chapter No. 10;
Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) — Chapter No. 11;
Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting — Chapter No. 12;
Bill C-59, An Act respecting national security matters — Chapter No. 13;
Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence — Chapter No. 14;
Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts — Chapter No. 15;
Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act — Chapter No. 16;
Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting) — Chapter No. 17;
Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts — Chapter No. 18;
Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts — Chapter No. 19;
Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis — Chapter No. 20;
Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act — Chapter No. 22;
Bill C-91, An Act respecting Indigenous languages — Chapter No. 23;
Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families — Chapter No. 24;
Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts — Chapter No. 25;
Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast — Chapter No. 26;
Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act — Chapter No. 27;
Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts — Chapter No. 28;
Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures — Chapter No. 29.
2019-06-21 [p.5734]
The Deputy Speaker also reported that he had addressed Her Excellency the Governor General as follows:
“May it please Your Excellency:
The Commons of Canada have voted Supplies required to enable the Government to defray certain expenses of the public service.
In the name of the Commons I present to Your Excellency the following Bill:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020.
To which Bill I humbly request Your Excellency's Assent.”
Whereupon, the Clerk of the Senate, by Command of Her Excellency the Governor General, did say:
“In Her Majesty's name, Her Excellency the Governor General thanks Her Loyal Subjects, accepts their benevolence, and assents to this Bill.”
Bill C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020 (Appropriation Act No. 2, 2019-20) — Chapter No. 21.
2019-06-20 [p.5728]
By unanimous consent, it was ordered, — That, notwithstanding any Standing or Special Order or usual practice of the House:
(a) the amendment to the motion respecting the Senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be deemed negatived on division and the main motion be deemed carried on division; and
(b) the amendment to the motion for second reading of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be deemed negatived on division and that the Bill be deemed read a second time and referred to the Standing Committee on International Trade.
2019-06-19 [p.5711]
The House resumed consideration of the motion of Mr. Trudeau (Prime Minister), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be now read a second time and referred to the Standing Committee on International Trade;
And of the amendment of Ms. Hardcastle (Windsor—Tecumseh), seconded by Mr. Masse (Windsor West), — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“the House decline to give second reading to Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, because it:
(a) fails to improve labour provisions that are necessary to protect good jobs;
(b) allows for an extension of drug patents that will significantly increase the cost of medicine for Canadians;
(c) leaves the environment vulnerable due to the absence of clear, enforceable protection provisions;
(d) is being rushed through the legislative process, without adequate time and attention for such a crucial trade agreement;
(e) will shift the levers of power within the economy away from governments and workers, in favour of corporations, by weakening public regulations on public health and the environment; and
(f) puts the poorest and most marginalized Canadians at further risk by failing to ensure the protection of human rights, gender equality and inclusive economic growth.”.
The debate continued.
2019-06-19 [p.5712]
Pursuant to Standing Order 57, Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Lametti (Minister of Justice), moved, — That, in relation to the consideration of Senate amendments to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the debate not be further adjourned.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the closure motion.
2019-06-19 [p.5712]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1378 -- Vote no 1378) - View vote details.
YEAS: 149, NAYS: 67
2019-06-19 [p.5713]
The House resumed consideration of the motion of Mr. Lametti (Minister of Justice), seconded by Mr. Goodale (Minister of Public Safety and Emergency Preparedness), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 5, 7, 8, 9, 11, 12(b), 13 and 14 made by the Senate;
proposes that amendment 3 be amended to read as follows:
“3. Clause 239, pages 90 and 91:
(a) on page 90, replace lines 2 and 3 with the following:
“dictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice”;
(b) on page 90, replace lines 18 and 19 with the following:
“able by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an”;
(c) on page 90, replace line 44 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 91, replace lines 20 and 21 with the following:
“offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the informa-”;”;
proposes that amendment 4 be amended to read as follows:
“4. Clause 240, pages 92 and 93:
(a) on page 92, replace line 11 with the following:
“14 years or more of imprisonment, other than an offence mentioned”;
(b) on page 92, replace lines 25 to 27 with the following:
“offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section”;
(c) on page 92, replace line 41 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 93, replace line 20 with the following:
“is punishable by 14 years or more of imprisonment, the justice or”;”;
proposes that, as a consequence of Senate amendments 3 and 4, the following amendment be added:
1. Clause 238, page 89: Replace line 33 with the following:
“fence that is punishable by 14 years or more of imprisonment is be-”;
proposes that amendment 6 be amended by replacing the words “an intimate partner — and, in particular, a partner” with the words “a person” and by replacing the words “on the basis of sex or is an Aboriginal person” with the words “because of personal circumstances — including because the person is Aboriginal and female”;
respectfully disagrees with amendment 10 made by the Senate because the Bill already provides flexibility to the provinces and territories with respect to agent representation while also recognizing regional diversity in respect of how legal representation is regulated across Canada, and because the amendment could have unintended repercussions for the provinces and territories; and, the Government continues to work with the provinces and territories to support the effective implementation of these reforms;
proposes that amendment 12(a) in the English version be amended by replacing the words “apply in Bill C-45” with the words “apply if Bill C-45”.
The debate continued.
2019-06-19 [p.5715]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1379 -- Vote no 1379) - View vote details.
YEAS: 161, NAYS: 58
2019-06-19 [p.5716]
The House resumed consideration of the motion of Mr. Trudeau (Prime Minister), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be now read a second time and referred to the Standing Committee on International Trade;
And of the amendment of Ms. Hardcastle (Windsor—Tecumseh), seconded by Mr. Masse (Windsor West), — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“the House decline to give second reading to Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, because it:
(a) fails to improve labour provisions that are necessary to protect good jobs;
(b) allows for an extension of drug patents that will significantly increase the cost of medicine for Canadians;
(c) leaves the environment vulnerable due to the absence of clear, enforceable protection provisions;
(d) is being rushed through the legislative process, without adequate time and attention for such a crucial trade agreement;
(e) will shift the levers of power within the economy away from governments and workers, in favour of corporations, by weakening public regulations on public health and the environment; and
(f) puts the poorest and most marginalized Canadians at further risk by failing to ensure the protection of human rights, gender equality and inclusive economic growth.”.
The debate continued.
2019-06-19 [p.5717]
The question was put on the amendment and, pursuant to Order made Tuesday, May 28, 2019, the recorded division was deferred until Thursday, June 20, 2019, at the expiry of the time provided for Oral Questions.
2019-06-19 [p.5717]
The House resumed consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
“1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.
The debate continued.
2019-06-19 [p.5719]
By unanimous consent, it was ordered, — That, notwithstanding any Standing or Special Order or usual practice of the House:
(a) the motion respecting the Senate Amendments to Bill C-91, An Act respecting Indigenous Languages, be deemed adopted;
(b) the motion respecting the Senate Amendments to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, be deemed adopted;
(c) Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be deemed to have been concurred in at the report stage, and deemed read a third time and passed;
(d) Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, be deemed to have been concurred in at the report stage, and deemed read a third time and passed on division; and
(e) when the House adjourns on Thursday, June 20, 2019, it shall stand adjourned until Monday, September 16, 2019, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Friday, June 21, 2019.
2019-06-19 [p.5719]
The House resumed consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
“1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.
The debate continued.
2019-06-19 [p.5722]
Mr. Dubé (Beloeil—Chambly), seconded by Ms. Trudel (Jonquière), moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following: “the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act, be now read a second time and concurred in.”.
Debate arose thereon.
2019-06-19 [p.5722]
Messages were received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, without amendment.
2019-06-19 [p.5722]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), without amendment.
2019-06-19 [p.5722]
— ORDERED: That, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendments made by the House of Commons to Senate amendments, including amendments made in consequence of Senate amendments; and
That the Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-19 [p.5722]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, without amendment.
2019-06-19 [p.5722]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, without amendment.
2019-06-18 [p.5676]
Pursuant to Order made Tuesday, May 28, 2019, the House proceeded to the taking of the deferred recorded division on the motion of Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;
as a consequence of Senate amendment 4, proposes to add the following amendment:
1. New clause 6.2, page 4: Add the following after line 4:
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.
proposes that amendment 5(a) be amended to read as follows:
“(a) on page 5, delete lines 31 to 36;
(a.1) on page 6, replace line 1 with the following:
“13 Section 30 of the Act is amended by adding the”;”;
as a consequence of Senate amendment 5(a), proposes to add the following amendments:
1. Clause 16, page 7: Replace line 37 with the following:
“any of paragraphs 30(1)(a) to (e), the Commissioner”.
2. Clause 19, page 11: Replace line 28 with the following:
“any of paragraphs 30(1)(a) to (e) and who receives a re-”.
proposes that amendment 8(a) be amended by deleting subsection (6);
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.
The question was put on the motion and it was agreed to on the following division:
(Division No. 1367 -- Vote no 1367) - View vote details.
YEAS: 164, NAYS: 134
2019-06-18 [p.5683]
Pursuant to Standing Orders 81(21) and 69(1), on motion of Ms. Murray (President of the Treasury Board), seconded by Mr. Champagne (Minister of Infrastructure and Communities), Bill C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020, was read the first time and ordered to be printed.
2019-06-18 [p.5683]
Ms. Murray (President of the Treasury Board), seconded by Mr. Champagne (Minister of Infrastructure and Communities), moved, — That the Bill be now read a second time and referred to a Committee of the Whole.
2019-06-18 [p.5683]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1370 -- Vote no 1370) - View vote details.
YEAS: 167, NAYS: 123
(See list under Division No. 1369)
Accordingly, Bill C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020, was read the second time and referred to a Committee of the Whole.
2019-06-18 [p.5683]
The Committee considered the Bill and reported it without amendment.
2019-06-18 [p.5683]
Pursuant to Standing Order 76.1(12), Ms. Murray (President of the Treasury Board), seconded by Mr. Champagne (Minister of Infrastructure and Communities), moved, — That the Bill be concurred in at report stage.
2019-06-18 [p.5683]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1371 -- Vote no 1371) - View vote details.
YEAS: 167, NAYS: 123
(See list under Division No. 1369)
Accordingly, the Bill was concurred in at report stage.
2019-06-18 [p.5683]
Ms. Murray (President of the Treasury Board), seconded by Mr. Champagne (Minister of Infrastructure and Communities), moved, — That the Bill be now read a third time and do pass.
2019-06-18 [p.5683]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1372 -- Vote no 1372) - View vote details.
YEAS: 167, NAYS: 123
(See list under Division No. 1369)
Accordingly, the Bill was read the third time and passed.
2019-06-18 [p.5684]
Pursuant to Standing Order 57, Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Garneau (Minister of Transport), moved, — That, in relation to the consideration of Senate amendments to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, the debate not be further adjourned.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the closure motion.
2019-06-18 [p.5684]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1373 -- Vote no 1373) - View vote details.
YEAS: 157, NAYS: 113
2019-06-18 [p.5685]
The House resumed consideration of the motion of Mr. Garneau (Minister of Transport), seconded by Mr. Sajjan (Minister of National Defence), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, the House:
agrees with amendment 1 made by the Senate;
proposes that, as a consequence of Senate amendment 1, the following amendment be added:
“1. Clause 2, page 1: add the following after line 15:
“Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)”;”;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“32 (1) During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.
(2) The committee referred to in subsection (1) must submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.”.
The debate continued.
2019-06-18 [p.5686]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1374 -- Vote no 1374) - View vote details.
YEAS: 190, NAYS: 86
2019-06-18 [p.5687]
The House resumed consideration of the motion of Mr. Trudeau (Prime Minister), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be now read a second time and referred to the Standing Committee on International Trade.
The debate continued.
2019-06-18 [p.5688]
Ms. Hardcastle (Windsor—Tecumseh), seconded by Mr. Masse (Windsor West), moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“the House decline to give second reading to Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, because it:
(a) fails to improve labour provisions that are necessary to protect good jobs;
(b) allows for an extension of drug patents that will significantly increase the cost of medicine for Canadians;
(c) leaves the environment vulnerable due to the absence of clear, enforceable protection provisions;
(d) is being rushed through the legislative process, without adequate time and attention for such a crucial trade agreement;
(e) will shift the levers of power within the economy away from governments and workers, in favour of corporations, by weakening public regulations on public health and the environment; and
(f) puts the poorest and most marginalized Canadians at further risk by failing to ensure the protection of human rights, gender equality and inclusive economic growth.”.
Debate arose thereon.
2019-06-18 [p.5688]
Messages were received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate does not insist on its amendments 1 and 2 to Bill C-59, An Act respecting national security matters, to which the House of Commons has disagreed.
2019-06-18 [p.5688]
— ORDERED: That, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendments made by the House of Commons to its amendments; and
That the Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-18 [p.5688]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, without amendment.
2019-06-17 [p.5641]
Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Goodale (Minister of Public Safety and Emergency Preparedness), moved, — That, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, not more than five further hours shall be allotted to the stage of consideration of Senate amendments to the Bill; and
That, at the expiry of the five hours provided for the consideration of the said stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion.
2019-06-17 [p.5642]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1360 -- Vote no 1360) - View vote details.
YEAS: 152, NAYS: 94
2019-06-17 [p.5643]
The Order was read for the consideration of the amendments made by the Senate to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.
Mrs. Jordan (Minister of Rural Economic Development) for Mr. Garneau (Minister of Transport), seconded by Mr. Sajjan (Minister of National Defence), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, the House:
agrees with amendment 1 made by the Senate;
proposes that, as a consequence of Senate amendment 1, the following amendment be added:
“1. Clause 2, page 1: add the following after line 15:
“Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)”;”;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“32 (1) During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.
(2) The committee referred to in subsection (1) must submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.”.
Debate arose thereon.
2019-06-17 [p.5644]
Pursuant to Order made Tuesday, May 28, 2019, the House proceeded to the taking of the deferred recorded division on the motion of Mr. LeBlanc (Minister of Intergovernmental and Northern Affairs and Internal Trade), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be now read a third time and do pass.
The question was put on the motion and it was agreed to on the following division:
(Division No. 1361 -- Vote no 1361) - View vote details.
YEAS: 198, NAYS: 78
Accordingly, the Bill was read the third time and passed.
2019-06-17 [p.5646]
Pursuant to Order made Tuesday, May 28, 2019, the House resumed consideration of the motion of Mr. Wilkinson (Minister of Fisheries, Oceans and the Canadian Coast Guard), seconded by Mr. Sajjan (Minister of National Defence), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, the House:
agrees with amendments 1(b), 1(c), 2, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 made by the Senate;
respectfully disagrees with amendment 1(a) because it is contrary to the objective of the Act that its habitat provisions apply to all fish habitats throughout Canada;
proposes that amendment 3 be amended by deleting “guaranteed,” and, in the English version, by replacing the word “in” with the word “by”;
proposes that amendment 9 be amended by deleting section 35.11;
respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third-party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking;
The House proceeded to the taking of the deferred recorded division on the amendment of Mr. Doherty (Cariboo—Prince George), seconded by Mr. Arnold (North Okanagan—Shuswap), — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be now read a second time and concurred in.”.
The question was put on the amendment and it was negatived on the following division:
(Division No. 1362 -- Vote no 1362) - View vote details.
YEAS: 77, NAYS: 198
2019-06-17 [p.5648]
Pursuant to Order made Thursday, June 13, 2019, under the provisions of Standing Order 78(3), the question was put on the main motion and it was agreed to on the following division:
(Division No. 1363 -- Vote no 1363) - View vote details.
YEAS: 193, NAYS: 81
2019-06-17 [p.5664]
The House resumed consideration of the motion of Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;
as a consequence of Senate amendment 4, proposes to add the following amendment:
1. New clause 6.2, page 4: Add the following after line 4:
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.
proposes that amendment 5(a) be amended to read as follows:
“(a) on page 5, delete lines 31 to 36;
(a.1) on page 6, replace line 1 with the following:
“13 Section 30 of the Act is amended by adding the”;”;
as a consequence of Senate amendment 5(a), proposes to add the following amendments:
1. Clause 16, page 7: Replace line 37 with the following:
“any of paragraphs 30(1)(a) to (e), the Commissioner”.
2. Clause 19, page 11: Replace line 28 with the following:
“any of paragraphs 30(1)(a) to (e) and who receives a re-”.
proposes that amendment 8(a) be amended by deleting subsection (6);
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.
The debate continued.
2019-06-17 [p.5665]
The question was put on the motion and, pursuant to Order made Tuesday, May 28, 2019, the recorded division was deferred until Tuesday, June 18, 2019, at the expiry of the time provided for Oral Questions.
2019-06-17 [p.5665]
The Order was read for the consideration of the amendments made by the Senate to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.
Mr. Lametti (Minister of Justice), seconded by Mr. Goodale (Minister of Public Safety and Emergency Preparedness), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 5, 7, 8, 9, 11, 12(b), 13 and 14 made by the Senate;
proposes that amendment 3 be amended to read as follows:
“3. Clause 239, pages 90 and 91:
(a) on page 90, replace lines 2 and 3 with the following:
“dictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice”;
(b) on page 90, replace lines 18 and 19 with the following:
“able by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an”;
(c) on page 90, replace line 44 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 91, replace lines 20 and 21 with the following:
“offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the informa-”;”;
proposes that amendment 4 be amended to read as follows:
“4. Clause 240, pages 92 and 93:
(a) on page 92, replace line 11 with the following:
“14 years or more of imprisonment, other than an offence mentioned”;
(b) on page 92, replace lines 25 to 27 with the following:
“offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section”;
(c) on page 92, replace line 41 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 93, replace line 20 with the following:
“is punishable by 14 years or more of imprisonment, the justice or”;”;
proposes that, as a consequence of Senate amendments 3 and 4, the following amendment be added:
1. Clause 238, page 89: Replace line 33 with the following:
“fence that is punishable by 14 years or more of imprisonment is be-”;
proposes that amendment 6 be amended by replacing the words “an intimate partner — and, in particular, a partner” with the words “a person” and by replacing the words “on the basis of sex or is an Aboriginal person” with the words “because of personal circumstances — including because the person is Aboriginal and female”;
respectfully disagrees with amendment 10 made by the Senate because the Bill already provides flexibility to the provinces and territories with respect to agent representation while also recognizing regional diversity in respect of how legal representation is regulated across Canada, and because the amendment could have unintended repercussions for the provinces and territories; and, the Government continues to work with the provinces and territories to support the effective implementation of these reforms;
proposes that amendment 12(a) in the English version be amended by replacing the words “apply in Bill C-45” with the words “apply if Bill C-45”.
Debate arose thereon.
2019-06-17 [p.5667]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the consideration of Senate amendments to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.
2019-06-17 [p.5667]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the consideration of Senate amendments to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.
2019-06-17 [p.5667]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of Senate amendments to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, the debate not be further adjourned.
2019-06-17 [p.5668]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of Senate amendments to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the debate not be further adjourned.
2019-06-17 [p.5668]
The House resumed consideration of the motion of Mr. Lametti (Minister of Justice), seconded by Mr. Goodale (Minister of Public Safety and Emergency Preparedness), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 5, 7, 8, 9, 11, 12(b), 13 and 14 made by the Senate;
proposes that amendment 3 be amended to read as follows:
“3. Clause 239, pages 90 and 91:
(a) on page 90, replace lines 2 and 3 with the following:
“dictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice”;
(b) on page 90, replace lines 18 and 19 with the following:
“able by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an”;
(c) on page 90, replace line 44 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 91, replace lines 20 and 21 with the following:
“offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the informa-”;”;
proposes that amendment 4 be amended to read as follows:
“4. Clause 240, pages 92 and 93:
(a) on page 92, replace line 11 with the following:
“14 years or more of imprisonment, other than an offence mentioned”;
(b) on page 92, replace lines 25 to 27 with the following:
“offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section”;
(c) on page 92, replace line 41 with the following:
“section 469 that is punishable by 14 years or more of imprisonment,”;
(d) on page 93, replace line 20 with the following:
“is punishable by 14 years or more of imprisonment, the justice or”;”;
proposes that, as a consequence of Senate amendments 3 and 4, the following amendment be added:
1. Clause 238, page 89: Replace line 33 with the following:
“fence that is punishable by 14 years or more of imprisonment is be-”;
proposes that amendment 6 be amended by replacing the words “an intimate partner — and, in particular, a partner” with the words “a person” and by replacing the words “on the basis of sex or is an Aboriginal person” with the words “because of personal circumstances — including because the person is Aboriginal and female”;
respectfully disagrees with amendment 10 made by the Senate because the Bill already provides flexibility to the provinces and territories with respect to agent representation while also recognizing regional diversity in respect of how legal representation is regulated across Canada, and because the amendment could have unintended repercussions for the provinces and territories; and, the Government continues to work with the provinces and territories to support the effective implementation of these reforms;
proposes that amendment 12(a) in the English version be amended by replacing the words “apply in Bill C-45” with the words “apply if Bill C-45”.
The debate continued.
2019-06-17 [p.5669]
A message was received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting, without amendment.
2019-06-14 [p.5587]
The House resumed consideration of the motion of Mr. Wilkinson (Minister of Fisheries, Oceans and the Canadian Coast Guard), seconded by Mr. Sajjan (Minister of National Defence), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, the House:
agrees with amendments 1(b), 1(c), 2, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 made by the Senate;
respectfully disagrees with amendment 1(a) because it is contrary to the objective of the Act that its habitat provisions apply to all fish habitats throughout Canada;
proposes that amendment 3 be amended by deleting “guaranteed,” and, in the English version, by replacing the word “in” with the word “by”;
proposes that amendment 9 be amended by deleting section 35.11;
respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third-party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking.
The debate continued.
2019-06-14 [p.5587]
Mr. Doherty (Cariboo—Prince George), seconded by Mr. Arnold (North Okanagan—Shuswap), moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be now read a second time and concurred in.”.
Debate arose thereon.
2019-06-14 [p.5593]
The House resumed consideration of the motion of Mr. Wilkinson (Minister of Fisheries, Oceans and the Canadian Coast Guard), seconded by Mr. Sajjan (Minister of National Defence), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, the House:
agrees with amendments 1(b), 1(c), 2, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 made by the Senate;
respectfully disagrees with amendment 1(a) because it is contrary to the objective of the Act that its habitat provisions apply to all fish habitats throughout Canada;
proposes that amendment 3 be amended by deleting “guaranteed,” and, in the English version, by replacing the word “in” with the word “by”;
proposes that amendment 9 be amended by deleting section 35.11;
respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third-party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking;
And of the amendment of Mr. Doherty (Cariboo—Prince George), seconded by Mr. Arnold (North Okanagan—Shuswap), — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be now read a second time and concurred in.”.
The debate continued.
2019-06-14 [p.5594]
The question was put on the amendment and, pursuant to Order made Tuesday, May 28, 2019, the recorded division was deferred until Monday, June 17, 2019, at the expiry of the time provided for Oral Questions.
2019-06-14 [p.5594]
The Order was read for the consideration of the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
Ms. Chagger (Leader of the Government in the House of Commons) for Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
“1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.
Debate arose thereon.
2019-06-14 [p.5596]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the consideration of Senate amendments to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.
2019-06-14 [p.5596]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the consideration of Senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
2019-06-14 [p.5596]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of Senate amendments to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the debate not be further adjourned.
2019-06-14 [p.5596]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of Senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the debate not be further adjourned.
2019-06-14 [p.5624]
Messages were received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, with the following amendments:
1. New clauses 3.1 and 3.2, page 2: Add the following after line 18:
“Rights of Indigenous Peoples of Canada
3.1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Duty of Minister
3.2 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.”.
2. New clauses 32 and 33, page 16: Add the following after line 16:
“Review and Report
32 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
(2) The review undertaken under this section must take into account any report of a regional assessment conducted under section 33.
(3) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee.
Regional Assessment
33 (1) Subsections (2) to (7) apply if Bill C-69, introduced in the 1st session of the 42nd Parliament and entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, receives royal assent.
(2) The Minister of the Environment must, no later than 180 days after the day on which both this section and section 93 of the Impact Assessment Act are in force, establish a committee to conduct a regional assessment in relation to activities to which this Act relates.
(3) Before establishing the committee, the Minister of the Environment must offer to the governments of British Columbia, Alberta and Saskatchewan and to any Indigenous governing body within the meaning of section 2 of the Impact Assessment Act that acts on behalf of an Indigenous group, community or people that owns or occupies lands that are located on the part of the coast of British Columbia that is referred to in subsection 4(1) of this Act to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.
(4) If an agreement or arrangement referred to in subsection (3) is entered into, the Minister of the Environment must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.
(5) The committee must submit to the Minister of the Environment a report of the assessment no later than four years after the day on which this section comes into force.
(6) The Minister of the Environment must have the report referred to in subsection (5) laid before each House of Parliament on any of the first 30 days on which that House is sitting after the Minister of the Environment receives it.
(7) The Impact Assessment Act applies to the regional assessment conducted by the committee established under subsection (2) as if that committee were established under section 93 of that Act, with any modifications that may be necessary in the circumstances.”.
2019-06-14 [p.5626]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, with the following amendments:
1. New clause 196.1, page 62: Add the following after line 21:
“196.1 (1) Subparagraph (c)(i) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(i) subsection 52(1) (sabotage),
(i.001) subsection 57(3) (possession of a forged passport),
(i.002) section 62 (offences in relation to military forces),
(i.003) subsection 65(2) (riot — concealing identity),
(i.004) subsection 70(3) (contravening order made by governor in council),
(i.005) subsection 82(1) (explosives, possession without lawful excuse),
(i.006) subsection 121(1) (frauds on the government),
(i.007) subsection 121(2) (contractor subscribing to election fund),
(i.008) section 122 (breach of trust by public officer),
(i.009) subsection 123(1) (municipal corruption),
(i.01) subsection 123(2) (influencing municipal official),
(i.011) section 124 (selling or purchasing office),
(i.012) section 125 (influencing or negotiating appointments or dealings in offices),
(i.013) subsection 139(2) (obstructing justice),
(i.014) section 142 (corruptly taking reward for recovery of goods),
(i.015) section 144 (prison breach),
(i.016) section 145 (escape and being at large without excuse),
(2) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with),
(iv.1) section 184 (interception of private communication),
(iv.2) section 184.5 (interception of radio-based telephone communications),
(iv.3) section 221 (cause bodily harm by criminal negligence),
(iv.4) section 237 (infanticide),
(iv.5) section 242 (neglect to obtain assistance in child-birth),
(iv.6) subsection 247(1) (traps likely to cause bodily harm),
(iv.7) subsection 247(2) (traps — causing bodily harm),
(iv.8) subsection 247(3) (traps — in a place kept or used for committing other indictable offence),
(iv.9) section 262 (impeding attempt to save life),
(3) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii):
(viii.01) section 280 (abduction of person under 16),
(viii.02) section 281 (abduction of person under 14),
(4) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):
(viii.11) section 291 (bigamy),
(viii.12) section 292 (procuring feigned marriage),
(viii.13) section 293 (polygamy),
(viii.14) section 293.1 (forced marriage),
(viii.15) section 293.2 (marriage under age of 16 years),
(viii.16) section 300 (publishing defamatory libel known to be false),
(viii.17) section 302 (extortion by libel),
(5) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.2):
(viii.21) paragraph 334(a) (theft over $5,000 or testamentary instrument),
(viii.22) section 338 (fraudulently taking cattle or defacing brand),
(viii.23) subsection 339(1) (take possession of drift timber, etc.),
(viii.24) section 340 (destroying documents of title),
(6) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (x):
(x.1) subsection 351(2) (disguise with intent),
(x.11) paragraph 355(a) (possession of property over $5,000 or testamentary instrument),
(x.12) section 357 (bring into Canada property obtained by crime),
(x.13) paragraph 362(2)(a) (false pretence, property over $5,000 or testamentary instrument),
(x.14) subsection 362(3) (obtain credit, etc. by false pretence),
(x.15) section 363 (obtain execution of valuable security by fraud),
(x.16) subsection 377(1) (damaging documents),
(x.17) section 378 (offences in relation to registers),
(x.18) section 382 (manipulation of stock exchange),
(x.19) subsection 382.1(1) (prohibited insider trading),
(x.2) section 383 (gaming in stocks or merchandise),
(x.21) section 384 (broker reducing stock by selling his own account),
(x.22) section 386 (fraudulent registration of title),
(x.23) section 394 (fraud in relation to minerals),
(x.24) section 394.1 (possession of stolen minerals),
(x.25) section 396 (offences in relation to mines),
(x.26) section 397 (falsification of books and documents),
(x.27) section 399 (false return by public officer),
(x.28) section 400 (false prospectus),
(x.29) section 405 (acknowledging instrument in false name),
(7) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi):
(xi.1) section 424 (threat against an internationally protected person),
(xi.11) section 424.1 (threat against United Nations or associated personnel),
(xi.12) section 426 (secret commissions),
(xi.13) section 435 (arson for fraudulent purpose),
(xi.14) section 436 (arson by negligence),
(xi.15) section 436.1 (possession incendiary material),
(xi.16) subsection 438(1) (interfering with saving of a wrecked vessel),
(xi.17) subsection 439(2) (interfering with a marine signal),
(xi.18) section 441 (occupant injuring building),
(xi.19) section 443 (interfering with international boundary marks, etc.),
(xi.2) section 451 (having clippings, etc.),
(xi.21) section 460 (advertising and dealing in counterfeit money),
(xi.22) subparagraphs 465(1)(b)(i) and (ii) (conspiracy to prosecute),
(xi.23) section 753.3 (breach of long-term supervision).”.
2. Clause 235, page 88: Add the following after line 11:
“(7) In this section, judge, in the Province of Quebec,
(a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and
(b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.”.
3. Clause 239, pages 90 and 91:
(a) On page 90, replace line 28 with the following:
“a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor — or both — request one and that request is authorized by the justice. How do you elect to be tried?”; and
(b) on page 91, add the following after line 5:
“(4.01) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice shall, on the joint request of the accused and the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.
(4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice may, subject to section 577, on the request of the accused or the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that it is in the best interests of the administration of justice to hold one and that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.”.
4. Clause 240, pages 92 and 93:
(a) On page 92, replace line 34 with the following:
“of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor — or both — request one and that request is authorized by the justice. How do you elect to be tried?”; and
(b) on page 93, add the following after line 4:
“(3.1) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice shall, on the joint request of the accused and the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.
(3.2) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice may, subject to section 577, on the request of the accused or the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that it is in the best interests of the administration of justice to hold one and that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.”.
5. Clause 278, page 113: Replace lines 9 and 10 with the following:
“261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4”.
6. New clause 292.1, page 123: Add the following after line 5:
“292.1 The Act is amended by adding the following after section 718.03:
718.04 When a court imposes a sentence for an offence that involved the abuse of an intimate partner — and, in particular, a partner who is vulnerable on the basis of sex or is an Aboriginal person — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.”.
7. Clause 293, page 123: Replace line 9 with the following:
“offence, abused the offender’s intimate partner or a member of the victim or the offender’s family,
293.1 The Act is amended by adding the following after section 718.2:
718.201 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.”.
8. Clause 301, pages 126 and 127:
(a) On page 126, replace lines 1 to 36 with the following:
“301 Section 737 of the Act is replaced by the following:
737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
(2) Subject to subsections (2.1) and (3), the amount of the victim surcharge in respect of an offence is
(a) 30% of any fine that is imposed on the offender for the offence; or
(b) if no fine is imposed on the offender for the offence,
(i) $100 in the case of an offence punishable by summary conviction, and
(ii) $200 in the case of an offence punishable by indictment.
(2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge
(a) would cause undue hardship to the offender; or
(b) would not cause undue hardship to the offender but would be disproportionate to the gravity of the offence or the degree of responsibility of the offender.
(2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their depend-ants.
(2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship.
(2.4) When the court makes an order under subsection (2.1), the court shall state its reasons in the record of the proceedings.
(3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount
(4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.
(5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
(6) The court shall cause to be given to the offender a written notice setting out
(a) the amount of the victim surcharge;
(b) the manner in which the victim surcharge is to be paid;
(c) the time by which the victim surcharge must be paid; and
(d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.
(7) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular,
(a) a reference in any of those provisions to “fine”, other than in subsection 734.8(5), must be read as if it were a reference to “victim surcharge”; and
(b) the notice provided under subsection (6) is deemed to be an order made under section 734.1.
(8) Subsections (2.1) to (2.4) apply to any offender who is sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.”; and
(b) on page 127, delete lines 1 to 18.
9. Clause 314, page 134: Replace lines 14 and 15 with the following:
“section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,”.
10. Clause 317.1, page 135: Replace line 25 with the following:
“(c) the agent is authorized to do so under
(i) the law of the province; or
(ii) a program”.
11. Clause 388, page 183: Replace lines 6 and 7 with the following:
“388 (1) Paragraph 2(1)(a) of the Identification of Crimi-nals Act is amended by striking out “or” at the end of sub-paragraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);
(2) Paragraph 2(1)(c) of the Act is replaced by the following:”.
12. Clause 401, page 187:
(a) Replace line 15 with the following:
“401 (1) Subsections (2) and (3) apply in Bill C-45, in-”; and
(b) delete lines 27 to 36.
13. Clause 406, page 197: Replace lines 27 and 28 with the following:
“to 353, subsection 370(1), sections 376 to 379, 382 and 385, subsection 388(1) and sections 399 and 400.1 come into force on the 90th”.
14. Clause 407, page 197: Replace line 42 with the following:
“370(2), sections 371 to 375, 380, 381 and 387, subsection 388(2) and sections 389 to 393, 396 to”.
2019-06-14 [p.5634]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-91, An Act respecting Indigenous languages, with the following amendments:
1. Preamble, page 2: Add the following after line 12:
“Whereas Inuktut is the first language of Inuit Nunangat and is the first language of the majority of Inuit Nunangat residents and the Government of Canada is committed to maintaining, revitalizing and promoting Inuktut;”.
2. Clause 2, page 3: Replace lines 24 to 26 with the following:
“(a) that represents the interests of an Indigenous group and its members;
(b) other than in section 45, that is specialized in Indigenous languages; or
(c) that delivers services to Indigenous people where they reside, including friendship centres and other Indigenous community-based organizations. (organisme autochtone)”.
3. New clause 3.1, page 4: Add the following after line 11:
“3.1 In exercising any power, duty or function under this Act, the Minister, the Office or the Commissioner, as the case may be, must act in a manner that is consistent with the Government of Canada’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples.”.
4. Clause 5, pages 4 and 5:
(a) On page 4, in the French version, replace line 19 with the following:
“(i) évaluer la situation de diverses langues autoch-”; and
(b) on page 5,
(i) replace line 9 with the following:
“(d) establish measures to ensure the provision of ad-”, and
(ii) replace lines 18 and 19 with the following:
“jurisdictions of Indigenous governing bodies;”.
5. Clause 6, page 5: Replace line 33 with the following:
“Indigenous languages, including the right to communicate in the Indigenous language of their choice and the right not to be deprived of that right to communicate.”.
6. Clause 7, page 6:
(a) Replace line 1 with the following:
“7 (1) The Minister must consult with a variety of Indigenous”; and
(b) add the following after line 6:
“(2) In this section, adequate and sustainable funding is determined having regard to a balancing of the following factors:
(a) the number of persons composing the Indigenous language population of an area;
(b) the particular characteristics of that population; and
(c) the objective of the reclamation, revitalization, maintenance or strengthening of all the Indigenous languages of Canada in an equitable manner.”.
7. Clause 8, page 6:
(a) Replace line 11 with the following:
“arrangements with them for purposes such as providing Indigenous language programs and services in relation to education, health and the administration of justice — to coordinate efforts to effi-”; and
(b) replace lines 16 and 17 with the following:
“tions of Indigenous governing bodies.”.
8. Clause 9, page 6: Replace lines 24 and 25 with the following:
“of Indigenous governing bodies, the Minister and an appropriate Minister may”.
9. New clauses 10.1 and 10.2, page 7: Add the following before line 7:
“10.1 A federal institution or its agent or mandatary may, in accordance with the regulations, provide access to services in an Indigenous language, if the institution or its agent or mandatary has the capacity to do so and there is sufficient demand for access to those services in that language.
10.2 (1) An agreement or arrangement may be entered into under section 8 or 9 for the purpose of allowing a federal institution or its agent or mandatary to provide access to services in an Indigenous language.
(2) In the event of any inconsistency or conflict between an agreement or arrangement referred to in subsection (1) and the regulations made under paragraph 45(1)(a.2), the agreement or arrangement prevails to the extent of the inconsistency or conflict.”.
10. Clause 11, page 7:
(a) Replace line 9 with the following:
“into an Indigenous language;”; and
(b) replace line 12 with the following:
“federal institution’s activities; or
(c) the delivery of federal programs and services to be made using an Indigenous language in geographic areas where the number of speakers of that language warrant.”.
11. Clause 23, pages 9 and 10:
(a) On page 9, replace line 14 with the following:
“23 (1) The mandate of the Office is to”; and
(b) on page 10, add the following after line 9:
“(2) In fulfilling its mandate, the Office must, where appropriate, consult and coordinate with any Indigenous, provincial or territorial entity that is responsible for the promotion, revitalization or protection of Indigenous languages.”.
12. Clause 24, page 10:
(a) Replace line 26 with the following:
“that contributed to that research or study. Subject to any law, the Office”; and
(b) replace lines 34 to 36 with the following:
“use the research or study free of charge for the purpose of reclaiming, revitalizing, maintaining or strengthening Indigenous languages. Subject to any law, the”.
13. Clause 45, page 18:
(a) Add the following after line 14:
“(a.2) for the purpose of section 10.1,
(i) specifying the services to which access may be provided in an Indigenous language and the region in which a federal institution or its agent or mandatary may provide access to those services in that language,
(ii) defining the expression “provide access to services”, and
(iii) defining the expressions “capacity” and “demand” and specifying the circumstances in which a federal institution or its agent or mandatary has the capacity to provide access to services in an Indigenous language and those in which demand for access to services in that language is sufficient;”; and
(b) add the following after line 19:
“(2) The regulations made under paragraph (1)(a.2) may provide definitions and requirements that vary depending on
(a) the Indigenous language in question;
(b) the use and vitality of that language;
(c) the unique circumstances and needs of an Indigenous group, community or people that uses that language;
(d) the region where that language is used; and
(e) the federal institution or its agent or mandatary that may provide access to services in that language.”.
14. Clause 49.1, page 19:
(a) Replace line 32 with the following:
“49.1 As soon as feasible after the third anniversary of the”; and
(b) replace line 34 with the following:
“subsequent third anniversary, a review of this Act and of”.
15. New clause 49.2, page 20: Add the following after line 2:
“Review — Inuktut in Canada
49.2 (1) No later than the third anniversary after the day on which this subsection comes into force, the Minister must prepare — in consultation with Inuit organizations and Indigenous governing bodies in Canada — a report on the availability and quality of federal government services provided in Inuktut in Canada.
(2) The report must set out the Minister’s findings, conclusions and recommendations as well as provide a summary of the consultations that took place in accordance with subsection (1).
(3) The Minister must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”.
2019-06-14 [p.5637]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, with the following amendments:
1. Preamble, page 2:
(a) Replace line 4 with the following:
“needs of Indigenous elders, parents, youth, children, per-”; and
(b) replace line 32 with the following:
“in relation to Indigenous children and young adults, including post-majority care;”.
2. Clause 1, page 3: Replace lines 12 and 13 with the following:
“children and families, which could include prevention services, early intervention services, child protection services, adoption services, reunification services and post-majority transition services.”.
3. New clause 5.1, page 4: Add the following after line 21:
“5.1 If there is a conflict or inconsistency between the provisions of this Act and the provisions of Nunavut legislation relating to child and family services, and the provisions of the Nunavut legislation provide a level of services that meets or exceeds the level of services provided for by the provisions of this Act, the provisions of the Nunavut legislation prevail to the extent of the conflict or inconsistency.”.
4. Clause 8, page 4: Replace lines 27 and 28 with the following:
“(a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services;”.
5. Clause 9, page 5: Replace line 20 with the following:
“(c) a child’s best interests are often promoted when the”.
6. Clause 14, page 9: Add the following after line 2:
“(1.1) A health care facility, health care provider or social worker must demonstrate that services that promote preventive care have been provided to support the child’s family and to serve the best interests of the child before any action can be taken to remove the child from its family.
(1.2) Within 24 hours after receiving documentation that could lead to an intervention by the service provider, a health care facility, health care provider or social worker must notify the child’s family and the service provider must not proceed with any intervention unless he or she can demonstrate that preventive care measures to prevent the removal of the child from his or her family have been explored and exhausted.”.
7. New clause 15.1, page 9: Add the following after line 15:
“15.1 If an Indigenous child is at risk of being placed on the basis of or as a result of his or her socio-economic conditions, including poverty or lack of adequate housing or infrastructure, positive measures must be taken to remediate any neglect related to the socioeconomic conditions of the child’s parent or care provider.”.
8. New clause 19.1, page 11: Add the following after line 2:
“19.1 (1) Unless another forum is specified in an applicable Indigenous law, all proceedings under this Act are to proceed in the court that normally hears proceedings in relation to the protection and placement of children.
(2) For greater certainty, any matter that involves the application of the provisions of this Act may be heard in the court referred to in subsection (1).
(3) Nothing in this Act confers any jurisdiction on the Federal Court of Canada in respect of proceedings relating to child and family services.”.
9. New clause 30.1, page 15: Add the following after line 27:
“30.1 (1) The Minister must establish an advisory committee, in consultation with Indigenous governing bodies, to advise and assist the Minister on matters concerning child and family services that relate to Indigenous children and to individuals to whom those services are provided.
(2) Within two years after the coming into force of this Act, and every year after that, the advisory committee must prepare and submit a report to the Minister on its activities and findings, the operation of this Act and any other matter that it considers relevant.
(3) The Minister must include the advisory committee’s report in his or her report on the review prepared under section 31.”.
10. Clause 31, page 15: Add the following after line 32:
“(1.1) When undertaking the review, the Minister must specifically study the adequacy and methods of funding and assess whether the funding has been sufficient to support the needs of Indigenous children and their families.”.
2019-06-13 [p.5561]
Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Wilkinson (Minister of Fisheries, Oceans and the Canadian Coast Guard), moved, — That, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, not more than one further sitting day shall be allotted to the stage of consideration of the Senate amendments to the Bill; and
That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the said stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion.
2019-06-13 [p.5561]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1355 -- Vote no 1355) - View vote details.
YEAS: 154, NAYS: 104
2019-06-13 [p.5563]
Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Carr (Minister of International Trade Diversification), moved, — That, in relation to Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and
That, at the expiry of the five hours provided for the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion.
2019-06-13 [p.5563]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1356 -- Vote no 1356) - View vote details.
YEAS: 152, NAYS: 100
2019-06-13 [p.5565]
The House resumed consideration of the motion of Mr. LeBlanc (Minister of Intergovernmental and Northern Affairs and Internal Trade), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be now read a third time and do pass;
And of the amendment of Mr. Sopuck (Dauphin—Swan River—Neepawa), seconded by Mrs. McLeod (Kamloops—Thompson—Cariboo), — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be not now read a third time but be referred back to the Standing Committee on Indigenous and Northern Affairs for the purpose of reconsidering clauses 85 and 86, with a view to removing the ability of the federal Cabinet to prohibit oil and gas activities on frontier lands based on national interest.”.
The debate continued.
2019-06-13 [p.5565]
The Order was read for the consideration of the amendments made by the Senate to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.
Ms. Gould (Minister of Democratic Institutions) for Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;
as a consequence of Senate amendment 4, proposes to add the following amendment:
1. New clause 6.2, page 4: Add the following after line 4:
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.
proposes that amendment 5(a) be amended to read as follows:
“(a) on page 5, delete lines 31 to 36;
(a.1) on page 6, replace line 1 with the following:
“13 Section 30 of the Act is amended by adding the”;”;
as a consequence of Senate amendment 5(a), proposes to add the following amendments:
1. Clause 16, page 7: Replace line 37 with the following:
“any of paragraphs 30(1)(a) to (e), the Commissioner”.
2. Clause 19, page 11: Replace line 28 with the following:
“any of paragraphs 30(1)(a) to (e) and who receives a re-”.
proposes that amendment 8(a) be amended by deleting subsection (6);
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.
Debate arose thereon.
2019-06-13 [p.5567]
The House resumed consideration of the motion of Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;
as a consequence of Senate amendment 4, proposes to add the following amendment:
1. New clause 6.2, page 4: Add the following after line 4:
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.
proposes that amendment 5(a) be amended to read as follows:
“(a) on page 5, delete lines 31 to 36;
(a.1) on page 6, replace line 1 with the following:
“13 Section 30 of the Act is amended by adding the”;”;
as a consequence of Senate amendment 5(a), proposes to add the following amendments:
1. Clause 16, page 7: Replace line 37 with the following:
“any of paragraphs 30(1)(a) to (e), the Commissioner”.
2. Clause 19, page 11: Replace line 28 with the following:
“any of paragraphs 30(1)(a) to (e) and who receives a re-”.
proposes that amendment 8(a) be amended by deleting subsection (6);
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.
The debate continued.
2019-06-13 [p.5568]
Pursuant to Standing Order 57, Ms. Chagger (Leader of the Government in the House of Commons), seconded by Ms. McKenna (Minister of Environment and Climate Change), moved, — That, in relation to the consideration of Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the debate not be further adjourned.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the closure motion.
2019-06-13 [p.5568]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1357 -- Vote no 1357) - View vote details.
YEAS: 147, NAYS: 72
2019-06-13 [p.5569]
The House resumed consideration of the motion of Ms. McKenna (Minister of Environment and Climate Change), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1(b)(i), 1(c)(vi), 1(g)(iv), 1(g)(v), 1(h)(iii), 1(h)(iv), 1(i)(i), 1(i)(iii), 1(k)(x), 1(o)(iv), 1(p)(ii), 1(q)(i), 1(q)(ii), 1(r)(i), 1(t)(i), 1(t)(ii), 1(t)(iii), 1(u)(i), 1(u)(ii), 1(v)(i), 1(v)(iii), 1(w)(i), 1(w)(ii), 1(w)(iii), 1(y)(iii), 1(y)(iv), 1(ab)(iv), 1(ac)(i), 1(ad), 1(ae), 1(af)(i), 1(af)(iii), 1(ai)(i), 1(aj)(ii), 1(ak)(ii), 1(ak)(iii), 1(al), 1(an)(ii), 1(aq), 1(ar), 1(as), 1(at)(i), 1(at)(ii), 1(au)(i), 1(au)(ii), 1(aw)(i), 1(aw)(ii), 1(ax), 1(ay)(i), 1(bb), 1(bc), 6(l), 6(o)(i), 6(p)(i), 6(p)(ii), 6(q), 6(r), 10, 11(a), 11(d)(i), 11(e)(ii) and 16 made by the Senate;
respectfully disagrees with amendments 1(a)(i),1(a)(ii), 1(a)(iii), 1(a)(iv), 1(b)(ii), 1(c)(i), 1(c)(ii), 1(c)(iii), 1(c)(v), 1(d)(i), 1(d)(ii), 1(d)(iii), 1(e)(i), 1(e)(ii), 1(g)(i), 1(g)(iii), 1(h)(i), 1(h)(ii), 1(h)(v), 1(i)(ii), 1(j)(i), 1(j)(ii), 1(j)(iii), 1(k)(i), 1(k)(ii), 1(k)(iii), 1(k)(iv), 1(k)(v), 1(k)(vi), 1(k)(vii), 1(k)(viii), 1(l)(iii), 1(l)(iv), 1(m)(i), 1(m)(ii), 1(m)(iii), 1(m)(iv), 1(m)(v), 1(m)(vi), 1(n)(i), 1(n)(ii), 1(n)(iii), 1(n)(iv), 1(n)(v), 1(o)(i), 1(o)(ii), 1(o)(iii), 1(p)(i), 1(p)(iii), 1(r)(ii), 1(s)(i), 1(s)(ii), 1(v)(ii), 1(x), 1(y)(ii), 1(z)(i), 1(z)(ii), 1(z)(iii), 1(aa)(i), 1(aa)(ii), 1(ac)(ii), 1(ac)(iii), 1(ac)(iv), 1(ag)(ii), 1(ag)(iii), 1(ag)(iv), 1(ag)(vi), 1(ag)(vii), 1(ag)(viii), 1(ah)(i), 1(ah)(ii), 1(ah)(iii), 1(ah)(iv), 1(ah)(v), 1(ai)(ii), 1(aj)(i), 1(aj)(iii), 1(ak)(i), 1(am), 1(an)(i), 1(an)(iv), 1(av)(i), 1(av)(ii), 1(ay)(ii), 1(ay)(iii), 1(az)(i), 1(az)(ii), 1(ba), 6(a), 6(b), 6(c), 6(d)(i), 6(d)(ii), 6(e), 6(f), 6(g)(i), 6(g)(ii), 6(g)(iii), 6(h)(i), 6(h)(ii), 6(h)(iii), 6(i)(i), 6(i)(ii), 6(i)(iii), 6(i)(iv), 6(j)(i), 6(j)(ii), 6(k), 6(m)(i), 6(n), 6(o)(ii), 6(s), 7, 8, 9, 11(b), 11(c)(i), 11(c)(ii), 11(d)(ii), 11(e)(i), 12(a), 12(b), 13, 14(a), 14(b), 15(a), 15(b), 17(a), 17(b) and 17(c) made by the Senate;
proposes that amendment 1(c)(iv) be amended by replacing the text of the amendment with the following:
“(b.1) to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development;”;
proposes that amendment 1(f) be amended by deleting subsections (4.1) and (4.2);
proposes that amendment 1(g)(ii) be amended by deleting the amendments to subsection 9(1) and deleting subsection 9(1.1);
proposes that amendment 1(k)(ix) be amended by replacing the text of the amendment with the following:
“sessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and”;
proposes that amendment 1(k)(xi) be amended by replacing the text of the amendment with the following:
“(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment.
(1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.”;
proposes that amendment 1(l)(i) be amended by replacing the text of the amendment with the following:
“(3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).
(4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site.
(5) The Agency may suspend the time limit within which it must provide the notice of the com-”;
proposes that amendment 1(l)(ii) be amended by renumbering subsection (7) as subsection (6);
proposes that amendment 1(o)(v) be amended by replacing the text of the amendment with the following:
“(2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).”;
proposes that, as a consequence of Senate amendment 1(q)(ii), the following amendment be added:
“1. Clause 1, page 24: Delete lines 8 and 9”;
proposes that amendment 1(r)(iii) be amended to read as follows:
“(iii) replace lines 20 to 26 with the following:
(8) The Agency must post on the Internet site a notice of the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension.
(9) The Agency may suspend the time limit within which it must submit the report until any activi-”;
proposes that amendment 1(r)(iv) be amended by deleting section 28.1;
proposes that amendment 1(y)(i) be amended by replacing the text of the amendment with the following:
“of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of in-”;
proposes that amendment 1(z)(iv) be amended by replacing the text of the amendment with the following:
“net site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, ap-”;
proposes that amendment 1(z)(v) be amended by replacing the text of the amendment with the following:
“President of the Canadian Nuclear Safety Commission.
(4) The persons appointed from the roster must not”;
proposes that amendment 1(aa)(iii) be amended by replacing the text of the amendment with the following:
“net site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, ap-”;
proposes that amendment 1(aa)(iv) be amended by replacing the text of the amendment with the following:
“Lead Commissioner of the Canadian Energy Regulator.
(4) The persons appointed from the roster must not”;
proposes that amendment 1(ab)(i) be amended by replacing the text of the amendment with the following:
“referred to in section 14.
50 (1) The Minister must establish the following rosters:”;
proposes that amendment 1(ab)(ii) be amended by replacing the text of the amendment with the following:
“(2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.
(3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.”;
proposes that amendment 1(ab)(iii) be amended to read as follows:
“(iii) replace lines 30 and 31 with the following:
opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the im-”;
proposes that amendment 1(af)(ii) be amended to read as follows:
“(ii) replace lines 20 to 23 with the following:
(a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public inter-”;
proposes that, as a consequence of the amendment to amendment 1(af)(ii), the following amendment be added:
“1. Clause 1, page 41: Replace lines 25 to 27 with the following:
(b) refer to the Governor in Council the matter of whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;
proposes that amendment 1(af)(iv) be amended by replacing the text of the amendment with the following:
“the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to”;
proposes that amendment 1(af)(v) be amended to read as follows:
“(v) replace lines 36 to 39 with the following:
whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;
proposes that amendment 1(af)(vi) be amended by replacing the text of the amendment with the following:
“(1.1) For the purpose of subsection (1), responsible Minister means the following Minister:
(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;
(b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.
(2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,
(a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or
(b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.”;
proposes that amendment 1(ag)(i) be amended to read as follows:
“(i) replace lines 6 to 9 with the following:
whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;
proposes that amendment 1(ag)(v) be amended to read as follows:
“(v) replace lines 19 to 22 with the following:
(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;”;
proposes that amendment 1(an)(iii) be amended by renumbering subsection 94(1) as section 94;
proposes that amendment 1(ao)(i) be amended by replacing the text of the amendment with the following:
“95 (1) The Minister may establish a committee – or autho-”;
proposes that amendment 1(ao)(ii) be amended by replacing the text of the amendment with the following:
“(2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.”;
proposes that amendment 1(ao)(iii) be amended by replacing the text of the amendment with the following:
“may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.”;
proposes that amendment 1(ap) be amended by replacing the text of the amendment with the following:
“meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assess-”;
proposes that amendment 1(at)(iii) be amended by replacing the text of the amendment with the following:
“(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;
(a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;”;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, ap-”;
proposes that amendment 3(a) be amended by replacing the text of the amendment with the following:
“tablish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the”;
proposes that amendment 3(b) be amended by deleting subsection (3.1);
proposes that, as a consequence of the amendment to amendment 3(b), the following amendment be added:
“1. Clause 6, page 94: Replace lines 32 and 33 with the following:
Petroleum Board.”;
proposes that amendment 4(a) be amended to read as follows:
“(a) On page 95, replace lines 33 to 36 with the following:
(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and
(i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;
proposes that amendment 4(b) be amended to read as follows:
“(b) On page 96, replace lines 3 to 7 with the following:
(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and
(i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;
proposes that amendment 5 be amended by replacing the text of the amendment with the following:
“8.1 (1) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (a):
(a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;
(2) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (b):
(c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.”;
proposes that, as a consequence of Senate amendment 6(l), the following amendment be added:
“1. Clause 10, page 208: Replace line 39 with the following:
section 37.1 of that Act;”;
proposes that amendment 6(m)(ii) be amended by replacing the text of the amendment with the following:
“within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,”;
proposes that, as a consequence of the amendment to amendment 6(m)(ii), the following amendment be added:
“1. Clause 10, page 208: Replace line 7 with the following:
ter the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve”;
proposes that, as a consequence of Senate amendment 1(bb), the following amendment be added:
“1. New clause 36.1, page 281: Add the following after line 24:
36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.”.
The debate continued.
2019-06-13 [p.5576]
Mrs. Stubbs (Lakeland), seconded by Mr. Brassard (Barrie—Innisfil), moved the following amendment, — That the motion be amended by deleting all the words after the words “the House” and substituting the following:
“agrees with amendments 1(a) to 1(y), 1(z)(ii) to (v), 1(aa) to 1(bc), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 made by the Senate;
proposes that amendment 1(z)(i) be amended by deleting the words “conducted by a review panel”;
proposes that amendment 2 be amended to read as follows:
2. Clause 6, page 94:
(a) replace line 19 with the following:
“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and ap-”; and
(b) delete lines 34 and 35;
proposes that amendment 3 be amended by adding the following:
“(c) delete lines 23 and 24”.”.
2019-06-13 [p.5577]
The question was put on the amendment and it was negatived on the following division:
(Division No. 1358 -- Vote no 1358) - View vote details.
YEAS: 54, NAYS: 166
2019-06-13 [p.5578]
The question was put on the main motion and it was agreed to on the following division:
(Division No. 1359 -- Vote no 1359) - View vote details.
YEAS: 164, NAYS: 56
2019-06-13 [p.5580]
The House resumed consideration of the motion of Mr. LeBlanc (Minister of Intergovernmental and Northern Affairs and Internal Trade), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be now read a third time and do pass;
And of the amendment of Mr. Sopuck (Dauphin—Swan River—Neepawa), seconded by Mrs. McLeod (Kamloops—Thompson—Cariboo), — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, be not now read a third time but be referred back to the Standing Committee on Indigenous and Northern Affairs for the purpose of reconsidering clauses 85 and 86, with a view to removing the ability of the federal Cabinet to prohibit oil and gas activities on frontier lands based on national interest.”.
2019-06-13 [p.5580]
The question was put on the main motion and, pursuant to Order made Tuesday, May 28, 2019, the recorded division was deferred until Monday, June 17, 2019, at the expiry of the time provided for Oral Questions.
2019-06-13 [p.5580]
A message was received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, with the following amendments:
1. Clause 1, page 1: Add the following after line 8:
"mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)".
2. Clause 2, page 1: Add the following after line 13:
"(c.1) the Service considers and gives preference to alternatives to carceral isolations, notably through a broad interpretation — informed by human rights — of sections 29, 81 and 84, thereby recognizing the fundamental role of transfers of incarcerated persons to community-based institutions funded by the Service in promoting rehabilitation, reintegration and public safety;
(c.2) the Service ensures the effective delivery of
(i) programs to incarcerated persons for the purpose of rehabilitation, including educational programs, vocational training and volunteer programs, and
(ii) including alternatives developed in accordance with sections 29, 81 and 84;”.
3. Clause 3, page 2: Add the following after line 2:
"(2.01) As part of the development of every offender's correctional plan under subsection (1), the institutional head shall refer, in the prescribed manner, the offender for a mental health assessment as soon as practicable — and no later than 30 days — after the offender is received into the penitentiary.”.
4. Clause 7, pages 3 and 4:
(a) On page 3,
(i) replace line 23 with the following:
“(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;
(b) within a penitentiary, from an area that has been",
(ii) replace lines 28 and 29 with the following:
"28; or
(c) to another penitentiary, in accordance with the”, and
(iii) replace lines 31 to 34 with the following:
"section 28."; and
(b) on page 4,
(i) add the following after line 5:
"(1.1) Within 24 hours of a person being transferred into a structured intervention unit in a penitentiary under subsection (1), the person who authorized the transfer shall refer, in the prescribed manner, the inmate for a mental health assessment.", and
(ii) add the following after line 11:
"29.02 If a mental health assessment or an assessment by a registered health care professional concludes that an incarcerated person suffers from any disabling mental health issue, the Commissioner shall authorize that person's transfer to a psychiatric hospital in accordance with section 29.".
5. Clause 10, pages 5 and 15:
(a) On page 5, replace lines 19 and 20 with the following:
“33 (1) Any confinement in a structured intervention unit is to end as soon as possible. In particular, no such confinement is to have a duration of more than 48 hours unless authorized by a Superior Court under subsection (2).
(2) A Superior Court may, on application by the Service, extend the duration of the period referred to in subsection (1) as the Court considers appropriate if, in the opinion of the Court, the extension is necessary for a purpose described in subsection 32(1)."; and
(b) on page 15, replace line 15 with the following:
"ment and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply".
6. Clause 14, page 16: Replace lines 7 to 15 with the following:
“48 A staff member may not conduct a strip search of any person confined in a penitentiary without individualized reasonable grounds.".
7. Clause 23, page 18:
(a) Replace line 29 with the following:
"er, including his or her family and adoption history."; and
(b) replace lines 31 to 33 with the following:
“to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous person, but only to decrease the level of risk posed by such a person.”.
8. Clause 24, page 19: Replace lines 1 to 11 with the following:
"24 Section 81 of the Act is replaced by the following:
81 (1) The Minister or a person authorized by the Minister may, for the purposes of providing correctional services, enter into an agreement with
(a) an Indigenous organization;
(b) an Indigenous governing body;
(c) a community group that focuses on the needs of a disadvantaged or minority population;
(d) a community organization that serves a disadvantaged or minority population; or
(e) any other entity that will provide community-based support services, including to other specific populations.
(2) For the purposes of paragraphs (1)(c) and (d), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
(3) An agreement under subsection (1) may provide for payment by the Minister or a person authorized by the Minister in respect of the services provided by an entity described in paragraphs (1)(a) to (e).
(4) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer a person confined in a penitentiary to an entity described in paragraphs (a) to (e) with the consent of that entity and the person serving a sentence.
(5) The Commissioner is to take all reasonable steps to
(a) identify entities described in paragraphs 1(a) to (e) for the purpose of entering into agreements; and
(b) seek to transfer persons confined in a penitentiary to an entity with which an agreement exists, particularly in cases in which the person is a member of a disadvantaged or minority population that the entity seeks to serve.
(6) No person confined in a penitentiary is to be denied a transfer to an entity with which an agreement exists if the person and the entity consent unless the transfer is, as determined by a Court of competent jurisdiction, not to be in the interests of justice.”.
9. Clause 25, page 20: Replace lines 3 to 10 with the following:
“84 (1) If a person confined in a penitentiary requests the support, on release, of an entity referred to in subsection (2), the Service shall provide that entity with an opportunity to propose a plan for the person's release and integration into the community in which the person is to be released.
(2) The following are the relevant entities for the purposes of subsection (1):
(a) the community's Indigenous governing body, if applicable;
(b) an Indigenous organization that is active in the community;
(c) a community group that focuses on the needs of a disadvantaged or minority population;
(d) a community organization that serves a disadvantaged or minority population; and
(e) any other entity that provides support services in the community, including to other specific populations.
(3) For the purposes of subsection (2), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
(4) The Service shall
(a) take all reasonable measures to inform confined persons about the entities described in paragraphs (2)(a) to (e); and
(b) give every entity that has proposed a plan referred to in subsection (1) adequate notice of the person's parole review or their statutory release date, as the case may be.
(5) If the Parole Board of Canada makes any decision that is inconsistent with a plan that has been proposed by an entity for the release and integration of a person into a community, it shall provide written reasons for its decision.".
10. New clause 35.1, page 23: Add the following after line 34:
“35.1 The Act is amended by adding the following after section 198:
PART III.1
Unfairness in the Administration of a Sentence
198.1 (1) An incarcerated person may apply to the court that imposed the sentence being served for an order reducing the period of their incarceration or parole ineligibility as the Court considers appropriate and just in the circumstances if, in the opinion of the Court, there was unfairness in the administration of a sentence.
(2) In subsection (1), unfairness in the administration of a sentence includes any decision, recommendation, act or omission of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affected the person and that was
(a) contrary to law or an established policy;
(b) unreasonable, unjust, oppressive or improperly discriminatory;
(c) based wholly or partly on a mistake of law or fact; or
(d) an abuse of discretionary power.
(3) An application under subsection (1) must be made
(a) no later than 60 days after
(i) the events giving rise to the alleged unfairness in the administration of a sentence occurred,
(ii) the Service has provided to the incarcerated person any incident report or other document related to the events giving rise to the alleged unfairness in the administration of a sentence, or
(iii) the person is informed of the conclusions and recommendations of the Correctional Investigator under section 178 in relation to these events; or
(b) within any other period of time that the Court may establish, at its discretion and at any time, if that period is greater than the period referred to in paragraph (a).
(4) Nothing in this section abrogates or derogates from any other right or remedy that may be available to an incarcerated person, including a right or remedy under this Act.”.
11. Clause 40.1, pages 24 and 25:
(a) On page 24, replace lines 25 to 31 with the following:
"40.1 (1) At the start of the second year after the day on which this section comes into force, and at the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by a committee of the Senate and a committee of the House of Commons that may be designated or established for that purpose.
(2) The review referred to in subsection (1) must include a review of the progress that has been made in eliminating practices that involve separating an incarcerated person from the general population of a penitentiary.
(3) A committee referred to in subsection (1) must, within one year after a review is undertaken under that subsection, submit a report to the House of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends for the purpose of ensuring the elimination of practices that involve separating an incarcerated person from the general population of a penitentiary."; and
(b) on page 25, delete lines 1 to 7.
2019-06-12 [p.5547]
The Order was read for the consideration of the amendments made by the Senate to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
Ms. McKenna (Minister of Environment and Climate Change), seconded by Ms. Chagger (Leader of the Government in the House of Commons), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the House:
agrees with amendments 1(b)(i), 1(c)(vi), 1(g)(iv), 1(g)(v), 1(h)(iii), 1(h)(iv), 1(i)(i), 1(i)(iii), 1(k)(x), 1(o)(iv), 1(p)(ii), 1(q)(i), 1(q)(ii), 1(r)(i), 1(t)(i), 1(t)(ii), 1(t)(iii), 1(u)(i), 1(u)(ii), 1(v)(i), 1(v)(iii), 1(w)(i), 1(w)(ii), 1(w)(iii), 1(y)(iii), 1(y)(iv), 1(ab)(iv), 1(ac)(i), 1(ad), 1(ae), 1(af)(i), 1(af)(iii), 1(ai)(i), 1(aj)(ii), 1(ak)(ii), 1(ak)(iii), 1(al), 1(an)(ii), 1(aq), 1(ar), 1(as), 1(at)(i), 1(at)(ii), 1(au)(i), 1(au)(ii), 1(aw)(i), 1(aw)(ii), 1(ax), 1(ay)(i), 1(bb), 1(bc), 6(l), 6(o)(i), 6(p)(i), 6(p)(ii), 6(q), 6(r), 10, 11(a), 11(d)(i), 11(e)(ii) and 16 made by the Senate;
respectfully disagrees with amendments 1(a)(i),1(a)(ii), 1(a)(iii), 1(a)(iv), 1(b)(ii), 1(c)(i), 1(c)(ii), 1(c)(iii), 1(c)(v), 1(d)(i), 1(d)(ii), 1(d)(iii), 1(e)(i), 1(e)(ii), 1(g)(i), 1(g)(iii), 1(h)(i), 1(h)(ii), 1(h)(v), 1(i)(ii), 1(j)(i), 1(j)(ii), 1(j)(iii), 1(k)(i), 1(k)(ii), 1(k)(iii), 1(k)(iv), 1(k)(v), 1(k)(vi), 1(k)(vii), 1(k)(viii), 1(l)(iii), 1(l)(iv), 1(m)(i), 1(m)(ii), 1(m)(iii), 1(m)(iv), 1(m)(v), 1(m)(vi), 1(n)(i), 1(n)(ii), 1(n)(iii), 1(n)(iv), 1(n)(v), 1(o)(i), 1(o)(ii), 1(o)(iii), 1(p)(i), 1(p)(iii), 1(r)(ii), 1(s)(i), 1(s)(ii), 1(v)(ii), 1(x), 1(y)(ii), 1(z)(i), 1(z)(ii), 1(z)(iii), 1(aa)(i), 1(aa)(ii), 1(ac)(ii), 1(ac)(iii), 1(ac)(iv), 1(ag)(ii), 1(ag)(iii), 1(ag)(iv), 1(ag)(vi), 1(ag)(vii), 1(ag)(viii), 1(ah)(i), 1(ah)(ii), 1(ah)(iii), 1(ah)(iv), 1(ah)(v), 1(ai)(ii), 1(aj)(i), 1(aj)(iii), 1(ak)(i), 1(am), 1(an)(i), 1(an)(iv), 1(av)(i), 1(av)(ii), 1(ay)(ii), 1(ay)(iii), 1(az)(i), 1(az)(ii), 1(ba), 6(a), 6(b), 6(c), 6(d)(i), 6(d)(ii), 6(e), 6(f), 6(g)(i), 6(g)(ii), 6(g)(iii), 6(h)(i), 6(h)(ii), 6(h)(iii), 6(i)(i), 6(i)(ii), 6(i)(iii), 6(i)(iv), 6(j)(i), 6(j)(ii), 6(k), 6(m)(i), 6(n), 6(o)(ii), 6(s), 7, 8, 9, 11(b), 11(c)(i), 11(c)(ii), 11(d)(ii), 11(e)(i), 12(a), 12(b), 13, 14(a), 14(b), 15(a), 15(b), 17(a), 17(b) and 17(c) made by the Senate;
proposes that amendment 1(c)(iv) be amended by replacing the text of the amendment with the following:
“(b.1) to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development;”;
proposes that amendment 1(f) be amended by deleting subsections (4.1) and (4.2);
proposes that amendment 1(g)(ii) be amended by deleting the amendments to subsection 9(1) and deleting subsection 9(1.1);
proposes that amendment 1(k)(ix) be amended by replacing the text of the amendment with the following:
“sessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and”;
proposes that amendment 1(k)(xi) be amended by replacing the text of the amendment with the following:
“(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment.
(1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.”;
proposes that amendment 1(l)(i) be amended by replacing the text of the amendment with the following:
“(3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).
(4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site.
(5) The Agency may suspend the time limit within which it must provide the notice of the com-”;
proposes that amendment 1(l)(ii) be amended by renumbering subsection (7) as subsection (6);
proposes that amendment 1(o)(v) be amended by replacing the text of the amendment with the following:
“(2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).”;
proposes that, as a consequence of Senate amendment 1(q)(ii), the following amendment be added:
“1. Clause 1, page 24: Delete lines 8 and 9”;
proposes that amendment 1(r)(iii) be amended to read as follows:
“(iii) replace lines 20 to 26 with the following:
(8) The Agency must post on the Internet site a notice of the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension.
(9) The Agency may suspend the time limit within which it must submit the report until any activi-”;
proposes that amendment 1(r)(iv) be amended by deleting section 28.1;
proposes that amendment 1(y)(i) be amended by replacing the text of the amendment with the following:
“of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of in-”;
proposes that amendment 1(z)(iv) be amended by replacing the text of the amendment with the following:
“net site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, ap-”;
proposes that amendment 1(z)(v) be amended by replacing the text of the amendment with the following:
“President of the Canadian Nuclear Safety Commission.
(4) The persons appointed from the roster must not”;
proposes that amendment 1(aa)(iii) be amended by replacing the text of the amendment with the following:
“net site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, ap-”;
proposes that amendment 1(aa)(iv) be amended by replacing the text of the amendment with the following:
“Lead Commissioner of the Canadian Energy Regulator.
(4) The persons appointed from the roster must not”;
proposes that amendment 1(ab)(i) be amended by replacing the text of the amendment with the following:
“referred to in section 14.
50 (1) The Minister must establish the following rosters:”;
proposes that amendment 1(ab)(ii) be amended by replacing the text of the amendment with the following:
“(2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.
(3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.”;
proposes that amendment 1(ab)(iii) be amended to read as follows:
“(iii) replace lines 30 and 31 with the following:
opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the im-”;
proposes that amendment 1(af)(ii) be amended to read as follows:
“(ii) replace lines 20 to 23 with the following:
(a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public inter-”;
proposes that, as a consequence of the amendment to amendment 1(af)(ii), the following amendment be added:
“1. Clause 1, page 41: Replace lines 25 to 27 with the following:
(b) refer to the Governor in Council the matter of whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;
proposes that amendment 1(af)(iv) be amended by replacing the text of the amendment with the following:
“the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to”;
proposes that amendment 1(af)(v) be amended to read as follows:
“(v) replace lines 36 to 39 with the following:
whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;
proposes that amendment 1(af)(vi) be amended by replacing the text of the amendment with the following:
“(1.1) For the purpose of subsection (1), responsible Minister means the following Minister:
(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;
(b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.
(2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,
(a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or
(b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.”;
proposes that amendment 1(ag)(i) be amended to read as follows:
“(i) replace lines 6 to 9 with the following:
whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;
proposes that amendment 1(ag)(v) be amended to read as follows:
“(v) replace lines 19 to 22 with the following:
(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;”;
proposes that amendment 1(an)(iii) be amended by renumbering subsection 94(1) as section 94;
proposes that amendment 1(ao)(i) be amended by replacing the text of the amendment with the following:
“95 (1) The Minister may establish a committee – or autho-”;
proposes that amendment 1(ao)(ii) be amended by replacing the text of the amendment with the following:
“(2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.”;
proposes that amendment 1(ao)(iii) be amended by replacing the text of the amendment with the following:
“may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.”;
proposes that amendment 1(ap) be amended by replacing the text of the amendment with the following:
“meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assess-”;
proposes that amendment 1(at)(iii) be amended by replacing the text of the amendment with the following:
“(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;
(a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;”;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, ap-”;
proposes that amendment 3(a) be amended by replacing the text of the amendment with the following:
“tablish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the”;
proposes that amendment 3(b) be amended by deleting subsection (3.1);
proposes that, as a consequence of the amendment to amendment 3(b), the following amendment be added:
“1. Clause 6, page 94: Replace lines 32 and 33 with the following:
Petroleum Board.”;
proposes that amendment 4(a) be amended to read as follows:
“(a) On page 95, replace lines 33 to 36 with the following:
(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and
(i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;
proposes that amendment 4(b) be amended to read as follows:
“(b) On page 96, replace lines 3 to 7 with the following:
(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and
(i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;
proposes that amendment 5 be amended by replacing the text of the amendment with the following:
“8.1 (1) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (a):
(a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;
(2) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (b):
(c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.”;
proposes that, as a consequence of Senate amendment 6(l), the following amendment be added:
“1. Clause 10, page 208: Replace line 39 with the following:
section 37.1 of that Act;”;
proposes that amendment 6(m)(ii) be amended by replacing the text of the amendment with the following:
“within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,”;
proposes that, as a consequence of the amendment to amendment 6(m)(ii), the following amendment be added:
“1. Clause 10, page 208: Replace line 7 with the following:
ter the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve”;
proposes that, as a consequence of Senate amendment 1(bb), the following amendment be added:
“1. New clause 36.1, page 281: Add the following after line 24:
36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.”.
Debate arose thereon.
2019-06-12 [p.5555]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the consideration of Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
2019-06-12 [p.5555]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the second reading stage of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States.
2019-06-12 [p.5555]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the debate not be further adjourned.
2019-06-12 [p.5555]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of the second reading stage of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, the debate not be further adjourned.
2019-06-12 [p.5556]
The House resumed consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mrs. Jordan (Minister of Rural Economic Development), — That Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be now read a second time and referred to the Standing Committee on Public Safety and National Security.
The debate continued.
2019-06-11 [p.5526]
The Order was read for the second reading and reference to the Standing Committee on International Trade of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States.
Ms. Freeland (Minister of Foreign Affairs) for Mr. Trudeau (Prime Minister), seconded by Ms. Chagger (Leader of the Government in the House of Commons), moved, — That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Debate arose thereon.
2019-06-11 [p.5528]
The Order was read for the consideration of the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence.
Mr. Wilkinson (Minister of Fisheries, Oceans and the Canadian Coast Guard), seconded by Mr. Sajjan (Minister of National Defence), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, the House:
agrees with amendments 1(b), 1(c), 2, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 made by the Senate;
respectfully disagrees with amendment 1(a) because it is contrary to the objective of the Act that its habitat provisions apply to all fish habitats throughout Canada;
proposes that amendment 3 be amended by deleting “guaranteed,” and, in the English version, by replacing the word “in” with the word “by”;
proposes that amendment 9 be amended by deleting section 35.11;
respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third-party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking.
Debate arose thereon.
2019-06-11 [p.5529]
Pursuant to Standing Order 57, Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Goodale (Minister of Public Safety and Emergency Preparedness), moved, — That, in relation to the consideration of Senate amendments to Bill C-59, An Act respecting national security matters, the debate not be further adjourned.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the closure motion.
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